David A. Nesbett
Anchorage Superior Court | Third Judicial District
Judge Nesbett was appointed to the Anchorage Superior Court in September of 2023. This is his first judicial retention election in this position. Before he was appointed to the superior court, he was a district court judge in Anchorage.
Performance Summary
The Alaska Judicial Council finds that Judge Nesbett met or exceeded performance standards and recommends a "YES" vote for his retention in office.
This conclusion is based on surveys and reviews from attorneys, court employees, jurors, and other user groups familiar with the judge’s work, analysis of the judge’s financial disclosure documents, analysis of how often the judge’s decisions were affirmed on appeal, whether their pay was withheld for untimely decisions, how often the judge was disqualified from a case, whether the judge followed standards of ethical conduct and continuing education, input from the public, and the judge’s demonstrated commitment to the administration of justice and the community.
The Council’s evaluation process included an opportunity for Judge Nesbett to comment on his own performance.
“While not my first term as a judge, this is my first term on the superior court. There has been a fresh learning curve with the new role that comes with a broader scope of responsibilities. I continue to feel passionate about doing what is right in each case, being fair to all parties involved, and treating everyone with respect and dignity.”
- Judge Nesbett
Detailed Performance Findings
The Council evaluated Judge Nesbett’s performance on legal ability, integrity, impartiality and fairness, judicial temperament, and diligence and administrative skills. Judge Nesbett met or exceeded the standard in each of these areas.
A summary of the Council’s findings on Judge Nesbett's performance is presented here. Complete reports are posted in the source documents below.
-
▼ Legal Ability
Did the judge demonstrate knowledge of substantive law, evidence and procedure, and clarity and precision in their work?
Attorneys familiar with Judge Nesbett’s work rated his legal ability as good. See chart below for numerical ratings. Attorneys who appeared in cases before him gave positive reviews.
Jurors who served in Judge Nesbett's courtroom rated his attentiveness, intelligence, and skill as excellent.
In Alaska, a party who disagrees with a trial judge’s decision can appeal to a higher court. The appeal court analyzes the judge’s decision and issues an opinion. The Council reviews all the opinions and analyzes how often and why individual judges are affirmed or reversed as one measure of the judge’s legal ability. Judge Nesbett had two cases appealed and decided in the evaluation period. This number of cases was too small to use as a statistical performance measure. In the two cases, he was affirmed once and partially affirmed once. A review of the opinions raised no concerns about his legal ability. For more details, see the Appellate Affirmance Report, linked below.
Judge Nesbett met or exceeded educational requirements set by the Alaska Supreme Court.
-
▼ Impartiality & Fairness
Did the judge demonstrate a sense of fairness and justice and treat all parties equally?
Attorneys, court employees, and social service professionals rated Judge Nesbett’s impartiality and fairness in the excellent range. Peace and probation officers rated his impartiality and fairness as good. See chart below for numerical ratings.
Jurors who served in Judge Nesbett’s courtroom rated his impartiality as excellent. See chart below for numerical ratings.
Court rules allow a litigant at the beginning of a case to file a request for change of judge. Parties whose cases were assigned to Judge Nesbett seldom asked for a different judge.
-
▼ Integrity
Was the judge's conduct free from impropriety or the appearance of impropriety, and did the judge make decisions without regard to possible public criticism?
Attorneys, court employees, and social service professionals rated Judge Nesbett’s integrity as excellent . Peace and probation officers rated his integrity as good. See chart below for numerical ratings.
Judge Nesbett filed financial disclosure statements with the Alaska Public Offices Commission and separate conflict-of-interest forms with the court system as required, and the Council found no items of concern in these disclosures.
The Council confirmed that Judge Nesbett was not the subject of any public disciplinary proceedings before the Alaska Commission on Judicial Conduct, and that he followed standards of ethical conduct for judges.
Judges must disqualify themselves from cases where they have a conflict of interest or their impartiality might reasonably be questioned. The Council found no concern about Judge Nesbett’s performance on this requirement.
-
▼ Judicial Temperament
Was the judge courteous and free from arrogance, and did the judge manifest human understanding and compassion?
Attorneys, court employees, peace and probation officers, and social service professionals rated Judge Nesbett’s judicial temperament as excellent. See chart below for numerical ratings.
Jurors who served in Judge Nesbett’s courtroom rated him i as excellent on respectful and courteous behavior.
-
▼ Diligence & Administrative Skills
Was the judge prepared for court proceedings, did the judge work diligently, and was the judge reasonably prompt in making decisions?
Attorneys, court employees, social service professionals, and peace and probation officers rated Judge Nesbett’s diligence and administrative skills as excellent. See chart below for numerical ratings.
Under Alaska law, a judge cannot receive a paycheck if they have any decision undecided or uncompleted for more than six months. Each pay cycle, judges must sign an affidavit declaring that no matter referred to them has remained undecided or uncompleted for more than six months. The Council verified that Judge Nesbett was paid on schedule, and he certified that he had no untimely decisions.
Judge Nesbett demonstrated commitment to improving the administation of justice and to community outreach. Judge Nesbett:
- Presides over the Anchorage Veterans Court, which helps rehabilitate eligible military veterans charged with crimes;
- Serves on the court system’s Newer Judge Conference Committee, a group that plans and teaches conferences for judges during their first three years on the bench;
- Serves on a court system committee to enhance employee retention;
- Speaks at community meetings and to students about the role of the judiciary and Alaska’s method of selecting and retaining judges.
See Judge Nesbett's retention questionnaire for more information.
The Judicial Council distributed electronic surveys to attorneys, court employees, social service professionals, peace and probation officers, and jurors asking them to rate Judge Nesbett’s performance on key skills. Survey ratings from these groups are shown in the charts below.
